Matter of Anderson v. Venettozzi

Appellate Division of the Supreme Court of New York

Matter of Anderson v. Venettozzi

145 A.D.3d 1248, 41 N.Y.S.3d 920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 2016

Docket522845

StatusPublished

This text of 145 A.D.3d 1248 (Matter of Anderson v. Venettozzi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Anderson v. Venettozzi, 145 A.D.3d 1248, 41 N.Y.S.3d 920 (N.Y. Ct. App. 2016).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. We note that the loss of good time incurred by petitioner as a result of the disciplinary determination also should be restored (see Matter of Lawrence v Annucci, 141 AD3d 1063, 1063 [2016]). In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Rodriguez v Prack, 142 AD3d 1235 [2016]). Petitioner requests that his $15 reduced filing fee be refunded, and the record establishes that he paid that amount (see Matter of Warmus v Kaplan, 133 AD3d 1026 [2015]).

Peters, P.J., McCarthy, Lynch, Devine and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. We note that the loss of good time incurred by petitioner as a result of the disciplinary determination also should be restored (see Matter of Lawrence v Annucci, 141 AD3d 1063, 1063 [2016]). In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Rodriguez v Prack, 142 AD3d 1235 [2016]). Petitioner requests that his $15 reduced filing fee be refunded, and the record establishes that he paid that amount (see Matter of Warmus v Kaplan, 133 AD3d 1026 [2015]).

Peters, P.J., McCarthy, Lynch, Devine and Aarons, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

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Bluebook (online)

145 A.D.3d 1248, 41 N.Y.S.3d 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-anderson-v-venettozzi-nyappdiv-2016.

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